cut out pictures on magazines. >> my daughters would never do that. if you watch us, set your dvr. >> john: breaking moments ago, special counsel in the hunter biden case sending a new filing to the federal judge explaining why the original plea agreement the republicans have called a sweetheart deal is no longer on the table. hello, welcome to tuesday, john roberts. good to spend it with you. >> gillian: good to be with you, john. thanks for having me. gillian turner in for sandra smith. this is "america reports." david weiss firing back now at hunter biden's legal team. they claim federal prosecutors

renegged on the deal. >> john: hunter has swapped out his lead attorney with abby lowell. david, appears the two sides are growing further and further apart on this. >> very far apart, john and gillian. it's amazing, not even three weeks ago on july 26th in wilmington, david weiss was sitting feet away from hunter biden and his attorneys, things were cordial, at least at the beginning getting ready to enter the plea deal, now things have fallen apart and growing further apart. the filing that just came in, david weiss says first the government did not reneg on the previously signed plea agreement as he asserts. hunter biden's attorney's says

the gun charge, he was accused of lying on a federal form is valid, it was signed by both parties. the defendant, his attorneys say they have a binding and bilateral diversion agreement. weiss's team says it's not valid, even though it was signed as biden's attorneys suggest. and to reiterate the withdrawn agreement is not in effect. and chris clark was the chief architect of the plea deal when it fell through in open court. lowell, someone who has represented bill clinton and jared kushner, on the case officially, he's been involved in other matters involving the president's son. the reason hunter's team is saying chris clark left is because of a rule in delaware

prevents him from being hunter's attorney if he would be a witness in a future case. this filing suggests that hunter's team may have a problem with how this plea deal fell apart and chris clark would be a witness. that's how they are spinning it. >> john: david spunt, thank you. >> gillian: former president trump and 18 others are named in the georgia grand jury indictment. they have to august 25th to surrender to authorities in the state. fourth indictment against trump, alleged attempts to overturn his election loss in the state. jonathan, the sheriff says the former president is going to be booked just like any other defendant. what do you make of that? >> well, in theory that would mean he would have his mug shot taken at the fulton county jail. the problem is, he's a former president of the united states. there are security concerns to begin with, and then the department of justice is

investigating conditions at the fulton county jail after the death of an inmate earlier this year. so, most analysts believe secret service will work out some sort of a deal, perhaps like what you saw down in miami where the president merely submitted a preexisting photo rather than going through the formal booking process of having an official mug shot taken. meanwhile, the former president's legal team is taking issue with prosecutors over the timing of last night's indictments. take a listen. >> this is fourth indictment, it's political, election interference, and it is obvious, obvious, and if you are not awake yet, i don't really know what it's going to take for you. an -- >> he is indicted with 18 others, all 19 defendants are

accused of violating the racketeering law, maximum sentence of 20 years. 98-page indictment lists mccaffey the judge, hours before the jury handed up the indictment an incomplete document listing the same charges was on the fulton county website before it was taken down. deflected questions about what happens. >> i am not an expert on clerk's duties, or even administrative duties. i would not know how to work that system, i'm not going to speculate. next question. >> just moments ago the former president posted on social media he's holding a news conference this coming monday where he will reveal what he calls

irrefuteable evidence of election fraud here in george but governor brian kemp, a republican, responded on twitter saying the 2020 election in georgia was not stolen for nearly three years anyone with evidence of fraud has failed to come forward under oath and prove anything in a court of law. gillian. >> gillian: jonathan serrie in atlanta, thank you. >> john: katie pavlich, i want to put up on the big screen the timeline how this is going to unfold in the months ahead. you've got the first primary debate, put up on the big screen for you here, on august 23rd. two days later, trump and his alleged co-conspirators are supposed to appear in court in georgia. then on the 27th of september, second debate, october 2nd, the letitia james civil fraud suit will start, january 7th, for the

january 6th trial with jack smith, 15th is the iowa caucuses, march 5 is super tuesday, republican this convention, and the election day, i've covered a lot of primary campaigns, and flat out just to do the primary campaign, trump has to do all of this other stuff while that's going on. and without cloning how do you do it? >> it's overwhelming, a lot of people would say ask the point to bog him down that he would drop out of the race. you have asa hutchinson saying he should drop out of this race, but it really does become not just for the primary, but also for the general election an issue of resource management, whether it's with money, time, energy, personnel, attorneys, and all of this money that's having to go pay attorneys is

money that's not going to be spent in the primary, but not spent against president biden who is sitting back at the beach watching this happen and not really having to campaign, even though he has announced it. it's a drag on resources. the president has to raise double the amount of money as joe biden to figure out how to get through all the legal cases. and the georgia case, georgia politically might be a problem for the president. you heard republican governor kemp disputing his claims of election fraud. the people in georgia are tired of the claims, they were tired of it after stacey abrams, upset that president trump made the claims, they may not agree it's a criminal problem but georgia is a swing state and one that republicans have to win if they want to win the white house in 2024. >> gillian: one thing we know about this indictment and the forthcoming trial when and if there is one is that cameras will be allowed in the

courtroom. is that something you think will be helpful to the nation at this point, the nation's political climate or more harmful? >> i think generally speaking these indictments, people believe they are politically motivated and the former president can make the argument he is being pursued unfairly, that there is a double standard of justice, a violation of his civil liberties versus someone like hunter biden or president biden hardly looked at when it comes to his connections possibly that we know about so hunter biden's overseas business dealings and the way that it's been handled by david weiss, now the special counsel. so i'm not -- it's something we have not seen before, i cannot say if it's good or bad for the country. obviously in media, they want more transparency but for the president with the mug shot allegedly taken of him, to have him in court certainly he knows that everybody will want to be watching and the campaign may benefit from using a lot of what comes out of that indictment to their advantage.

>> john: we heard from, speaking of david weiss, heard from the doj and the prosecutors who had a deadline of noon today to submit to judge noreika their rationale for wanting to withdraw from the plea agreement. they said it's null and void, not valid. hunter biden's attorneys are saying wait a second, this thing was signed by both parties before it got to court. it didn't need to be signed off on by the judge. it remains in effect. they are at an impasse. >> the judge has agency to ask what the defendant knows about the plea agreement and hunter biden's team in court said rip it up if it does not have the immunity clause questioned and something that nobody had ever seen before and so the statement today from david weiss is that the document that we were

discussing and negotiating over and questioned was a draft document. it was not permanent. so that may be one of the reasons hunter biden changed his legal team, if they were not clear that was a draft and not a finalized version of what they were going to have going into court, and a lot of time the prosecutors and the defendants go into court thinking it's a done deal and you have the judge talking about not being a rubber stamp, and usually they are. but it was so agregious and something she had never seen before she had some questions, and he's on pretrial release with conditions, no drugs, get a job, talking to the court about international travel and a whole list of other conditions. >> gillian: no gun ownership. >> no gun ownership, correct. >> john: life is hard when you are facing charges. republican candidates will face off in milwaukee in the first gop primary debate here on fox news channel. >> gillian: and next month, fox

business will hold it at the reagan library in simi valley, california. >> john: parental rights, a judge weighing a policy that would help ensure parents do know what's happening with their own kids when it comes to gender identity. a live report outside the courthouse as we await the major decision. plus this. >> court decision is a severe disappointment, so many people -- we cannot let the decision be a permanent setback for the country. >> gillian: president biden says he's trying to help universities and colleges difersify. a lot of va benefits with their service, but the va home loan benefit is a big one. by using your benefit at newday you can borrow up to 100%

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>> john: three weeks until the start of the new school year in the state of new jersey, and parental rights over children's gender identity were in court. three school districts have a new policy that says teachers have to tell parents if their children ask to change their gender identity in school. and a judge will rule on whether or not to block that. nate foy live in freehold, new jersey. we expect to hear anything today? >> we certainly could, john. the superior court judge did not specify the timetable what shortly means. the state argued schools should be a "safe haven" for transgender students and schools facilitating coming out to the

parents could put their safety at risk. but parents cannot help their children if they don't know what's going on. >> i truly believe the policy now in place with this state, if lifted, will help the children, not only throughout the state and middletown, but the whole country, and that's what we need. we need to help our children. >> john, people protested on both sides of this issue. about 100 parents and kids supporting the local school boards and roughly ten transgender activists here outside the court. governor murphy says the school board policies violate the anti-discrimination law, that they will not go for efforts that undermine public education and marginalize the students. but they say it's meant to help transgender students by alerting

their parents and teachers should not be holding secrets from parents. >> it shouldn't be us versus them, it needs to be about the children. none of us ever signed up to parent with the government and they are consistently getting involved in our daily lives and what we think and feel and believe in our private homes. >> john, as you mentioned, school starts here in new jersey in about three weeks, so the judge's ruling on this possible injunction will have a rather immediate impact. we'll send it back to you. >> john: the three districts in new jersey are doing something completely different than districts in other places like virginia do. good to have you on the case. gillian. >> gillian: the biden administration is out with new guidelines for colleges and universities in the wake of the supreme court decision that ended race-based admissions. part of the guidance this week calls on institutions to rethink le

legacy admissions. alex joins us, incoming freshmen and another from syracuse university. danielle, focus on legacy admissions for a moment. talk to me about the impacts that you feel the elimination that legacy admissions policies will have for you and for your classmates across the country. >> well, yes. so, education department, they recently announced civil lawsuit, or civil rights lawsuit against harvard for legacy admissions. they are right about legacy admissions but are wrong in terms of the reason why legacy admissions should not be in place. legacy admissions perpetuate an sort of aristocratic class of americans and everything we stand against in this country. >> alex, it is true that even

before this supreme court decision came down there was increasing scrutiny on legacy practices in particular. obviously there is now more. talk to me about how you feel about this. >> right, gillian. for the record i'm a legacy at brown. my dad went to brown, graduated in 1996, so i'm a legacy student at brown. but i believe legacy admissions and affirmative action are wrong on a fundamental level. they go against our fundamental american value. i think when you have systems like this where you are considering parental status, if they went to university or not, alumni status and other factors of race, that takes away from the accomplishments of students applying and rights from all students know they 100% earned their spot through grit and determination and hard work. >> gillian: what do you make, daniel, about the fact the supreme court struck down affirmative action but the biden

administration is prodding universities to maintain racial diversity in the process in some way. what do you think about -- yeah, the guidelines. >> it's shocking. biden administration found a way to delegitimize the supreme court and test the intelligence of the american people in one breath. campus reform has reported that a majority of americans disapprove of affirmative action, including a majority of minorities, 68% of hispanics and 59% of black americans also disapprove of affirmative action. as a student who went to brooklyn tech, a specialized high school in new york city, fully merit-based i had an equitable inclusive experience as a high schooler. you do not need affirmative action to have diverse campuses at all. >> gillian: that's an interesting point. alex, what qualifications do you

think schools should be looking at at large? can you list them? >> right, i think it's a whole range, and i think schools rightly so are practicing holistic admissions, i don't think you should look at race. about you if you want to be fair, look at the obstacles, a low income kid may face more obstacles than someone who is wealthy so take that into consideration. you are not going to view negatively the kid who went to a school that did not offer a.p. for not taking comp-sci. so a variety of factors. academic record and the activities they are doing but view it in context and what opportunities were available to them. part of america is a big idea can come from anyone and we shouldn't be holding anyone out of these colleges because of where they come from.

>> gillian: daniel and alex, thanks for joining us and share your perspective, and heading to the new school year or starting anew, hope you have an amazing journey. these are some of the best years of your lives. hope you take advantage of them. >> thank you. >> john: great perspectives on that. president biden cancelling $39 billion of student debt as the national debt reaches staggering levels. who is going to pay for it all and how are we going to do it? >> gillian: the fall of kabul. the taliban swept into the capital and took control of afghanistan two years ago today. now isis is again on the rise. former national security adviser robert o'brien will take a look at what is ahead for the country. >> it's a hard pill to swallow. the pain caused from afghanistan is so much worse. it's compounded.

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>> gillian: today marks two years since kabul returned total ban control after the u.s.-led withdrawal and now after two years in power the taliban are ruling the country afghan citizens under strict law. robert o'brien will join us, but first trey yingst, is the taliban marking today's anniversary? >> gillian, good afternoon. taliban fighters paraded through the streets of kabul marking two years since the group took control of afghanistan, the country and its people are only more isolated since. >> it was august of 2021, when the taliban marched into kabul, taking over the city and the country. in two days, two decades of progress for the afghan people disappeared. today ruled by a strict interpretation of islamic law. young women are no longer able

to access secondary and higher education, music is banned and the free press has disappeared. security, the group committing most of the attacks now rules the country. the west faces a delicate task of engaging with but not supporting the taliban on humanitarian issues in a country where 3.2 million people are currently million nourished. held talks with the taliban in qatar. led by representative for afghanistan thomas west pushed the leadership to reverse policies for deteriorating human rights in afghanistan, and called for some released from being detained, and assets unfrozen with sanctions removed.

a massive crackdown on local press, the taliban has banned some foreign journalists from entering the country, including our team due to our critical reporting. gillian. >> gillian: trey yingst, thank you. >> john: robert o'brien, former national security adviser to president trump, and good to have you here. taliban taking over afghanistan is one thing in terms of the problems that it presents. isis k is in afghanistan, bigger threat, it's said that isis k is growing strong enough to the point where it could soon start to break out of afghanistan's borders and at least threaten afghanistan's neighbors. how big of a problem is this going to be? >> well, it's a very big problem, john. good to be with you, and sorry we have to talk about this two years later. one of the whole points of our

deal with the taliban and afghanistan at the time was to keep isis k down. isis k is so brutal even the taliban considers them extremists. so you know it's bad when the taliban are calling them extreme. this is an extreme breakoff of al-qaeda. they have designs beyond afghanistan and we have to watch and monitor the situation very closely. but again, the premise of our deal we were going to keep bagram, and the counter terrorism force in afghanistan to deal with isis k. unfortunately, we have neat -- neither. we have american citizens still held there and afghan allies really pinned down by the taliban. so it's not a good situation at all. >> john: the biden administration insists and the pentagon as well over the horizon capabilities will help keep everything in check there, and to some degree they have proven that since the taliban took over. but in terms of isis k and how long it will be before they

could threaten neighbors and maybe the united states, here what a commander said in march. >> specifically isis khorasan, senator, it is my commander's estimate they can do an external operation against u.s. or western interests abroad in under six months with little to no warning. it is much harder for them to be able to do that against the homeland. >> john: so turning back the block, five months ago that he said within six months isis k was going to be able to launch attacks outside of the borders of afghanistan. they are close to doing that. how long before they may start attacking here in the united states as we have seen isis-inspired terrorists do in the past? >> well, it won't be much longer and we are at the end of his window for attacks on the west. and keep in mind, america has assets and people all over the

world. embassies, and businesses, and tourists all over the world. they can attack american aircraft or embassy or american facility or american tourists on a tour in egypt, for example. and over the horizon capability is exquisite, we have to do the best we can. it's obviously another unfortunate consequence of the hasty withdrawal and catastrophic withdrawal from afghanistan. >> john: i want to ask you about the deal struck last week to have some americans held in iran released in exchange for some iranian prisoners, as well as freeing up $6 billion in iranian assets that will be managed by qatar for humanitarian purposes. you, before you were the national security adviser, were

the hostage envoy for former president trump. you got a lot of hostages released and to the best of my knowledge you never had to pay a dime to do it. is this idea -- maybe it's american money, but giving iran the money, is that the best way to do it? >> you don't want to have them take more hostages or detainees, so to pay $6 billion is problematic, i tried to get some home, it will be great to have them back with their family. are we creating a situation that other families will suffer in the future because more hostages taken? as you mentioned, we never paid money for hostages during the trump administration and we got hostages out of iran, and many other dangerous and rogue states but look, i'm happy to see americans come home, but the

high profile prisoner releases and pay billions for hostages, the concern i have, is that creates a market and sets a new price on hostages and leads to others being taken. i hope that's not the case here, but i've got no faith the iranians will not just replenish the stocks. that's not likely going to happen. >> john: robert o'brien, always great to catch up with you best to you and the family. >> gillian: president biden is travelling to the swing state of wisconsin to highlight how he says his economic policies are helping americans. with the cost of everyday goods high and now rising, how is the message received? >> john: hundreds of hawaiians remain unaccounted for nearly a week after the deadliest wildfire to strike the u.s. in over a century. latest on the desperate search and rescue efforts live from maui coming up next. >> we support each other no matter what.

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stay off the freeways! only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ >> john: search and rescue crews are still searching around the clock to search in lahaina, hundreds are unaccounted for, a city of about 12,000 lived. robert ray is live on the scene and how much of the area has been searched so far? >> yeah, john, we are told that just over 25% has been searched as the death toll is at 99 and officials say likely to increase, but look at this. i'm at 3,000 feet elevation

here, john, and this is a neighborhood, about 20 homes incinerated by another fire that happened last week. this fire only about 65% contained, unfortunately, right now as hot spots continue to pop up all around this neighborhood. this is the home of a woman that narrowly escaped last week and we spoke to her. let's listen. >> we had a police officer come down through the neighborhood and tell us they were evacuating. we could not leave off the top here so went kind of down the loop and got everybody out. happy to have what i do have and life is the most important thing. >> john, i have to show you something here, this is fascinating. lloyd, my photographer is going to zoom in on those trees across this gully here at 3,000 feet elevation, center of the island. look at those trees. they are bent to the side as if they were hit by hurricane-force

winds and indeed some of the wind gusts that happened last week that helped fuel this incredible fire down in lahaina and also up here in the higher altitudes took on that form and shape. there is just an incredible amount of searching to continue as i said, officials think it's going to go up, and they are looking for human remains as the fire raged over 1,000 degrees. thankfully no one up here lost their lives but as you can see, the homes destroyed, some houses are ok. the nature, the hop scotching nature of this fire here on the beautiful island of maui, job. >> john: it really is unbelievable what happened there for so many reasons. robert, thank you. to help hawaiians impacted by the wildfires, go to redcross.org/fox forward. and scan the qr code on the

screen or text hawaii to 90 -- can you do me a favor, i can't see that. >> gillian: 90999. you can make a $10 donation there. >> john: help the folks in hawaii. they would appreciate it. >> gillian: the justice department challenging a new state law that targets social media companies. existing content moderation practices violate free speech but the states claim the opposite. >> john: tim scott is having lunch in the hawk eye state. he's also making a campaign pitch to voters, but are voters buying it? iowa senator joni ernst will join us on that just ahead. >> we need a moderate person to be elected, where everybody could support him in all 50 states. >> might vote republican or democrat, i'm not choosy that

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>> john: president biden's justice department wants the supreme court to evaluate whether texas and florida laws

violate the free speech rights of big tech companies. >> gillian: so governors in the two red states have signed laws now limiting those companies editorial power saying it allows the platforms to stifle conservative speech. bring the panel to debate, juan williams, and cassie smedley. juan, doj says the social media platforms need the ability to moderate their content, even if it means kicking people off. but florida and texas are saying all the banning and all the stifling of speech is just cutting one way. and everybody knows which way that is, it's against conservatives. what do you say? >> i think this is culture wars, you get governor desantis of florida, and governor abbott of texas saying the social media companies potentially could be silencing conservative voices. and i think that's your point, gillian. now, the issue here is that the u.s. courts, the appeals courts

have varied, appeals court, 11th circuit i think has upheld what happened in texas and i think it's the fifth circuit in atlanta has rejected the florida law. so now you get the justice department, solicitor general, part of the justice department, representing saying to the court hey, wait a second, if you do this you are impinging on the first amendment rights of google, of x, of meta, all the big social media companies because they have a right to do social media moderation, content moderation, like fox news or the "new york times," they decide what they put on the front page. they decide what gets in and doesn't get out. you can't interfere in the private enterprise ability to do it business. >> john: i'm impressed he is calling it x. i still call it twitter. and the florida law would

prevent social media platforms from banning political candidate accounts and require social media companies to publish and apply consistently standards for banning users for blocking content. what's wrong with that? >> what's wrong with it is you have seen in the start-up of covid, users, average americans, saw not only were they blocked -- >> john: that's the law. >> yeah, why should they push back against it, i'm sorry, i misunderstood your question. >> john: many people do, that's my fault, not theirs. >> the point that biden's doj is trying to push back on, under the guise of they want more control. and largely during covid, they try to put out information they got from a source they trusted and before you know it they are banned, blocked. i had a friend in greenville, south carolina could not be tagged on her friends' photos

because of something she had posted deemed wrong. and that's the issue. the social media companies get too much power and too many people that talk to each other up here at the expense of down here, and that's where the argument lies and what desantis and abbott are trying to defend. >> gillian: and one thing that desantis wants is for the company, platforms to not ban any political candidates in the process of running for office in that moment. what do you think about that? obviously not to trump getting kicked off of everything. >> i think that's the key here is trump. i mean, a lot of this has to do with trump. a separate case that has to do with the rights of social media companies to be moderated and whether or not you can interfere, given the fact that you know, bad things happen online. sexual abuse of children, you know, foreign governments interfering, criminal activity, drug sales and the like. social media companies want that

right. but when it comes to politics, this is a critical issue of our moment. can you silence a politician when he is saying offensive, maybe rude, maybe even illegal things? >> john: history would suggest yes. but should you is the big question. >> donald trump gets kicked off, ayatollah of iran gets to stay. that's the discrepancy that people have real issue with and where you get into issues with humans making these decisions. >> john: cassie, juan great to see you. americans were promised that migrants crossing illegally would be sent back after title 42 ended. but our cameras capture a vastly different reality. what the biden administration is doing with bus loads of migrants, plus this. ♪ rich man, lord knows all just want to have total control ♪ ♪ want to know what you think ♪ >> gillian: a relatively unknown

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about an aarp medicare supplement plan. >> gillian: virginia farmer oliver anthony has the number on itunes, "rich men north of richmond," thanks to a blue collar message. hey, lydia. >> that's right, oliver anthony has been writing songs since 2021, and he uploaded his latest song to youtube one week ago. it's already gained more than 11 million views. and it's number one on itunes, beating out, get this, taylor swift and jason aldean's "try that in a small town." ♪ rich men north of richmond ♪

♪ lord knows they all just wanna have total control ♪ ♪ want to know what you think ♪ ♪ want to know what you do ♪ ♪ they don't think you know ♪ ♪ but i know that you do ♪ >> called a blue collar anthem voicing working class frustrations, railing against the washington establishment and carries an economic message, too. he sings about working hard for not enough pay, a message that maybe could resonate with a lot of people, we are navigating at a 40-year high inflation, prices are raising, the cost of shelter tracking 7.7% higher than a year ago. according to oliver himself, people want to connect over the real everyday issues. listen here. >> the masterpiece and the emotions of the song already exist within you. sometimes it just takes the right song coming along to let those out. >> huge success for oliver anthony. we reached out for comment, no

word just yet but the phone lines are still open if you are listening. back to you. this video from mcallen, texas, a snippet of the crisis unfolding at the southern border. welcome back to hour two of "america reports" on this tuesday. john roberts. good to spend tuesday with you. >> gillian: good to be with you, too, john. 1.7 million migrants and asylum seekers have crossed the southern border into the u.s. alone. that number is expected to climb. >> john: homeland security secretary said time and time again the border is closed but the video shows a starkly different reality. hour two of "america reports" starts right now with bill melugin, liv